An Examination of Challenges of Wayleaves Acquisition for Infrastructure Developments in Kenya” a Case Study of Kisii-awendo Power Transmission Line

Abstract

Ownership of land provides the owner with control over people who might need access to that property for their livelihood. Secure land rights enable land owners to enjoy the economic benefits that flow from land without the fear of eviction. Compulsory acquisition gives the government powers to acquire private rights in land for a public need or purpose and without the willing consent of its owner or occupant. This brings conflict between governments or acquiring authorities and private land owners during implementation of government infrastructure. This acquisition-compensation conflicts have been witnessed in many government projects despite having legislations and policies in place that govern land acquisition and compensations. The study‟s main goal was to evaluate the process of wayleaves acquisition for power transmission project, establish the project affected persons‟ perceptions and opinions while examining the challenges encountered by both land owners and the acquiring authorities. Appropriate measures to ensure efficient and smooth acquisition process are also discussed in this study. Questionnaires as the main data collection tools were administered to the Project Implementation Team and Project affected Persons along Kisii-Awendo Power Line. The data obtained from field survey and from other sources was qualitatively and statistically analyzed. The main findings of the study indicated compensation rationale or rates as the main source of conflict between private land owners and acquiring authorities, making the process to be far from good or fair practice criteria. This conflict has led to delays in project timelines and with effect in increasing the cost of the projects. There have been gaps and lags in inclusiveness and awareness during the acquisition process creating mistrust between Project affected Persons and the authorities. The research highlighted legal and economic challenges which include succession matters, appeals, court cases among others, to be the main barriers in acquiring wayleaves. The study recommends a well-designed wayleaves acquisition process for government projects in order to minimize the challenges discovered. This includes the need to avail adequate funding for compensations by the government, addressing legal gaps in acquisition procedures, finding alternative dispute resolution mechanisms to handle grievances, raising public awareness, sensitization and inclusiveness, benefit sharing of the investments between the local communities whose land has been acquired and also prior infrastructural planning as an alternative to compulsory acquisition.